Dismissing the appeal of the revenue the Court held that ; When assessee never received anything beyond the amount which was originally agreed, question of charging capital gain from assessee on a sum larger than said amount would not arise .Tribunal was justified in setting aside revisional order passed by commissioner .( AY.2009 -10)
PCIT v. Lalitaben Govindbhai Patel. (2018) 256 Taxman 390 (Guj)(HC).Editorial: SLP of revene is dismissed , PCIT v. Lalitaben Govindbhai Patel ( 2019) 261 Taxman 453 (SC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Capital gains- When assessee never received anything beyond the amount which was originally agreed, question of charging capital gain from assessee on a sum larger than the said amount would not arise – Tribunal was justified in setting aside revisional order passed by commissioner .[ S.45 , 48 ]